Terms of Service
Agreement Overview
This Terms of Service Agreement ("Agreement") is between Thyme 2 Play LLC ("T2P," "we," "us") and the restaurant, hospitality business, or organization ("Client," "you") subscribing to the RGP Platform.
By accepting these terms or using the Platform, you agree to be bound by this Agreement.
1. Definitions
"Platform" means the RGP (Restaurant Genome Project) software application, including all features, tools, AI agents, integrations, and related services provided by T2P.
"Location" means a single physical restaurant, bar, or hospitality venue operated by Client and connected to the Platform.
"Client Data" means all information you input, upload, or generate through the Platform, including but not limited to: menus, recipes, employee information, sales data, customer data, schedules, and operational records.
"Authorized Users" means Client's employees, contractors, or agents who are permitted to access the Platform on Client's behalf.
2. The Service
2.1 What We Provide
T2P grants Client a non-exclusive, non-transferable license to access and use the Platform for Client's internal restaurant operations. This includes:
- Operations management and reporting
- AI-powered operational assistance
- HR and compliance tools
- Menu and recipe management
- Equipment management
- POS and third-party integrations
- Document generation
2.2 Service Availability
We aim for high availability but do not guarantee uninterrupted service. We may perform maintenance, updates, or modifications that temporarily affect access. We will provide reasonable notice when possible.
2.3 Updates and Changes
We continuously improve the Platform. Features may be added, modified, or removed. We will notify you of material changes that significantly affect your use.
3. Subscription and Payment
3.1 Pricing
Subscription fees are charged per Location at the rate displayed during checkout. Fees are billed monthly in advance on your subscription date.
3.2 Early Access Rate Lock
If you subscribed during our Early Access period, your per-location rate is locked for as long as your subscription remains continuously active. If you cancel and later resubscribe, current pricing at time of resubscription applies.
3.3 Location Changes
Adding locations increases your subscription proportionally (prorated for the current billing cycle). Removing locations takes effect at the next billing cycle.
3.4 Payment Processing
Payments are processed through Stripe. By subscribing, you agree to Stripe's terms of service. You are responsible for keeping payment information current.
3.5 Failed Payments
If payment fails, we will attempt to collect and notify you. If payment is not resolved within 14 days, your access may be suspended until payment is current.
3.6 Cancellation
You may cancel your subscription at any time through the billing portal or by contacting us. Cancellation takes effect at the end of your current billing period. No refunds for partial periods.
4. Ownership and Intellectual Property
4.1 Platform Ownership (What's Ours)
T2P owns and retains all rights to:
- The Platform software, code, and infrastructure
- AI models, algorithms, and methodologies
- Templates, frameworks, and system designs
- Features developed for the Platform, even if suggested by Client
- Aggregated, anonymized insights derived from usage patterns
- The "RGP," "Restaurant Genome Project," and related trademarks
4.2 Client Data Ownership (What's Yours)
Client owns and retains all rights to:
- Menus, recipes, and pricing you create or configure
- Employee data, schedules, and HR records
- Sales data, financial records, and reports
- Customer information and loyalty data
- Documents generated with your specific content
- Operational configurations specific to your venues
| What's Yours | What's Ours |
|---|---|
| Menus, recipes, pricing, configurations | Software, code, infrastructure |
| Employee data, schedules, HR records | AI models, algorithms, methodologies |
| Sales, financials, inventory | Templates, frameworks, system designs |
| Customer information, loyalty data | Aggregated, anonymized insights |
4.3 Data Export
You may export your Client Data at any time using the Platform's export features. Upon subscription termination, you have 30 days to export your data before it is deleted from our systems.
4.4 License to Client Data
You grant T2P a limited license to use Client Data solely to provide and improve the Platform services. We will not sell your data or share it with third parties except as necessary to provide the service (e.g., POS integrations you authorize).
4.5 Feedback
If you provide suggestions, ideas, or feedback about the Platform, you grant T2P the right to use that feedback without compensation or attribution.
5. Client Responsibilities
5.1 Account Security
You are responsible for:
- Maintaining the confidentiality of login credentials
- All activity that occurs under your account
- Promptly notifying us of unauthorized access
5.2 Acceptable Use
You agree NOT to:
- Share login credentials with unauthorized parties
- Attempt to reverse-engineer, decompile, or access source code
- Use the Platform to build a competing product
- Resell, sublicense, or provide Platform access to third parties
- Upload malicious code or attempt to compromise security
- Use the Platform for any unlawful purpose
- Exceed reasonable usage limits or attempt to overload systems
5.3 Compliance
You are responsible for:
- Accuracy of data you input
- Compliance with applicable laws (labor, health, privacy)
- Obtaining necessary consents for employee/customer data
- Ensuring Authorized Users comply with these terms
6. Third-Party Integrations
6.1 POS and Other Integrations
The Platform integrates with third-party services (Toast, Square, scheduling systems, etc.). These integrations require your authorization and are subject to those providers' terms.
6.2 Data from Integrations
Data pulled from third-party systems is subject to Section 4.2 (Client Data Ownership). We are not responsible for the accuracy or availability of third-party data.
6.3 Integration Changes
Third-party providers may change their APIs or terms, which may affect Platform functionality. We will work to maintain integrations but cannot guarantee uninterrupted third-party connectivity.
7. Privacy and Data Protection
7.1 Data Handling
We handle Client Data in accordance with our Privacy Policy, which is incorporated by reference. Key points:
- We use industry-standard security measures
- We do not sell Client Data
- We process data only as necessary to provide services
- We comply with applicable data protection laws
7.2 Employee and Customer Data
You are responsible for:
- Providing required notices to employees about data collection
- Obtaining necessary consents for customer data
- Complying with privacy laws applicable to your jurisdiction
7.3 Data Location
Client Data is stored on servers in the United States. By using the Platform, you consent to this data transfer.
8. Confidentiality
8.1 Confidential Information
Each party agrees to protect the other's confidential information with reasonable care. Confidential information includes business data, pricing, and proprietary methods.
8.2 Exclusions
Confidentiality obligations do not apply to information that:
- Is publicly available
- Was known before disclosure
- Is independently developed
- Is required to be disclosed by law
9. Disclaimers and Limitations
9.1 "As Is" Service
THE PLATFORM IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
9.2 No Guarantee of Results
We do not guarantee specific business outcomes, cost savings, or operational improvements from using the Platform.
9.3 AI Limitations
AI-powered features provide suggestions and assistance but are not substitutes for professional judgment. You are responsible for reviewing and validating AI outputs before acting on them. AI can make mistakes. Always verify important decisions with qualified professionals.
9.4 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, T2P'S TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THIS AGREEMENT SHALL NOT EXCEED THE FEES PAID BY CLIENT IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
IN NO EVENT SHALL T2P BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION.
10. Indemnification
10.1 Client Indemnification
You agree to indemnify and hold T2P harmless from claims arising from:
- Your use of the Platform
- Your violation of these terms
- Your violation of applicable laws
- Disputes with your employees, customers, or vendors
10.2 T2P Indemnification
T2P agrees to indemnify Client from claims that the Platform itself infringes third-party intellectual property rights, provided Client notifies us promptly and cooperates in defense.
11. Term and Termination
11.1 Term
This Agreement begins when you accept these terms and continues until terminated.
11.2 Termination for Convenience
Either party may terminate with 30 days written notice.
11.3 Termination for Cause
Either party may terminate immediately if the other:
- Materially breaches and fails to cure within 15 days of notice
- Becomes insolvent or files for bankruptcy
11.4 Effect of Termination
Upon termination:
- Your access to the Platform ends
- You have 30 days to export Client Data
- Sections 4 (Ownership), 8 (Confidentiality), 9 (Disclaimers), 10 (Indemnification), and 12 (General) survive
12. General Provisions
12.1 Governing Law
This Agreement is governed by the laws of the State of California, without regard to conflict of law principles.
12.2 Dispute Resolution
Any disputes shall be resolved through binding arbitration in Los Angeles County, California, under AAA Commercial Arbitration Rules. Each party bears its own costs.
12.3 Entire Agreement
This Agreement, including the Privacy Policy, constitutes the entire agreement and supersedes prior agreements.
12.4 Amendment
We may update these terms with 30 days notice. Continued use after notice constitutes acceptance. Material changes require affirmative consent.
12.5 Assignment
You may not assign this Agreement without our consent. We may assign to a successor in connection with a merger or acquisition.
12.6 Severability
If any provision is unenforceable, the remaining provisions remain in effect.
12.7 Waiver
Failure to enforce a provision does not waive our right to enforce it later.
12.8 Notices
Notices to T2P: support@sageops.io
Notices to Client: Email address on file
13. Contact
Questions about these terms?
Thyme 2 Play LLC
Email: support@sageops.io
Website: sageops.io
By clicking "I Accept" or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.